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Help with taking name off title deed and transaction for share of property
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Trubalubs
Posts: 1 Newbie
Hello,
I'm trying to help my mum without her having to pass any more legal fees.
My mum's partner has passed away. He was on the title deeds of his mums house (also recently deceased) along with his brother and sister. Mum is now entitled to his share of the house. She and the remaining brother's sister, have agreed to let the brother take ownership of the house and to buy them out.
He has asked my mum to take her partner's name off the deeds, and then he will pay her her share. Everything has done been verbally. There's nothing currently in writing about the agreement.
I feel that there should be something in writing to be signed by all parties and shared electronically and that mum should receive payment before she takes her partner's name off the deeds.
She doesn't want to make a fuss (he has already moved in next door so it's a little awkward) but I feel she should be protecting herself. Neither parties want to spend any more money on legal fees after the cost of probate. Has anyone been through something similar or can give advice?
My next question is: how long does it take to get a person's name taken the deeds? She doesn't have the original deeds but does have the title number from the land registry website. Will she need the original doc? I believe she needs to fill in a TR1 form but I haven't gone much further than this.
Any help much appreciated. Many thanks.
I'm trying to help my mum without her having to pass any more legal fees.
My mum's partner has passed away. He was on the title deeds of his mums house (also recently deceased) along with his brother and sister. Mum is now entitled to his share of the house. She and the remaining brother's sister, have agreed to let the brother take ownership of the house and to buy them out.
He has asked my mum to take her partner's name off the deeds, and then he will pay her her share. Everything has done been verbally. There's nothing currently in writing about the agreement.
I feel that there should be something in writing to be signed by all parties and shared electronically and that mum should receive payment before she takes her partner's name off the deeds.
She doesn't want to make a fuss (he has already moved in next door so it's a little awkward) but I feel she should be protecting herself. Neither parties want to spend any more money on legal fees after the cost of probate. Has anyone been through something similar or can give advice?
My next question is: how long does it take to get a person's name taken the deeds? She doesn't have the original deeds but does have the title number from the land registry website. Will she need the original doc? I believe she needs to fill in a TR1 form but I haven't gone much further than this.
Any help much appreciated. Many thanks.
0
Comments
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Is there any mortgage on the property? If there is then I think legal fees will be unavoidable. Even if there isn't it would make sense for your mum to have legal representation even if the other owners don't want it for themselves, the legal costs for the sale of her share will come out of the proceeds so she shouldn't need to pay anything up front.As the property is already registered the deeds are only of historic interest so there won't be any further changes made to them.1
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